theoryofabrogation

Aruna Shanbaug v. Union of India (2011)

⚖️ Landmark Case: Aruna Shanbaug v. Union of India (2011)

(Passive Euthanasia Case)

📝 Summary:
This case allowed passive euthanasia in India for the first time, recognizing the right to die with dignity under Article 21.


📚 Background

Aruna Shanbaug, a nurse at Mumbai’s KEM Hospital, was in a persistent vegetative state (PVS) for 42 years after a brutal assault in 1973. A journalist and friend, Pinki Virani, filed a petition seeking permission for Aruna to be allowed to die with dignity.

The case raised a deeply emotional and legal question: Is the right to die part of the right to life?


🧑‍⚖️ Supreme Court Verdict

The Court rejected active euthanasia (directly ending life), but allowed passive euthanasia, where life support could be withdrawn under strict conditions.

Key rulings:

  1. Right to die with dignity is part of Article 21
    While suicide is not legal, withdrawing life support in hopeless cases respects human dignity.

  2. Court approval is necessary
    Passive euthanasia must be approved by the High Court after medical and ethical scrutiny.

  3. Set the stage for future laws
    Led to the Living Will concept and eventually the 2018 judgment that fully legalized passive euthanasia.


🧠 Significance

  • Introduced death with dignity as a legal right.

  • Balanced ethical concerns with compassion.

  • Influenced medical and legal policies on end-of-life care.


🧩 Conclusion

The Aruna Shanbaug case was a landmark in bioethics and constitutional law, showing how the judiciary can respond sensitively to evolving medical realities and human dignity.

Constitution Landmark Cases

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